Price v. City of N.Y. 3 15 Civ. 5871 (KPF) (S.D.N.Y. Jun. 25, 2018) In 2010, Plaintiff obtained from the New York City Family Court an order of protection against Powell. She requested that officers of the NYPD's 28th Precinct serve the order on Powell, but they refused to do so. (FAC ¶¶ 22-23). Plaintiff further alleges that the Manhattan District Attorney's Office directed officers of the 28th Precinct "to not give police services or take reports from [Plaintiff]" without the District Attorney's prior approval. Officers of the 28th *3 Precinct consequently placed Plaintiff on a "Do Not Serve / Arrest Alert List" and labeled her as a "fabricator." (Id. at ¶¶ 24-25).2 4 2 In previous pleadings, Plaintiff alleged that Powell was a major case informant for the NYPD and Manhattan District Attorney's After Plaintiff withdrew her October 2010 complaint, she repeatedly sought to file "formal police reports" concerning Powell's abuse. In February 2011, Manhattan Assistant District Attorney ("ADA") Maria Strohbehn summoned Plaintiff to her office to inform Plaintiff both that she was declining to charge Powell and that she had put Plaintiff "on a do-[not]-serve services list." (Id. at ¶¶ 50-51). Office, and that both entities sought to protect Powell by refusing to investigate or pursue Plaintiff's allegations against him. (See, e.g., Dkt. #21 at ¶¶ 5-6, 16, 24, 26). In October 2010, after Powell assaulted Plaintiff on a public street, Plaintiff sought assistance at the 28th Precinct police station. Plaintiff provided details about the incident to nonparty Officer Diaz, who "organized for photos to be taken of [her] injuries." (FAC ¶¶ 26-28). But after Plaintiff left the police station, she decided that due to fear of retaliation from Powell, she would request that the report not be filed. (Id. at ¶¶ 29-30). When Plaintiff returned to the 28th Precinct stationhouse the next day, she learned that the report had already been filed and that NYPD Detective Linda Simmons had been assigned to the investigation. (FAC ¶¶ 31-33). Plaintiff spoke with Simmons, explained that she feared retaliation from Powell (and provided her with her reasons why she was afraid), and requested to withdraw the complaint against him. Simmons explained that if Plaintiff wished to withdraw the report, Plaintiff would have to provide a false statement that she "had caused her own injuries," a statement that would lead to Plaintiff receiving "a desk appearance ticket for making a false police report." (Id. at ¶¶ 34-37). Plaintiff agreed to retract the report and was placed in a holding cell while Simmons conducted a criminal background check. After Simmons confirmed that Plaintiff had no active warrants, she let Plaintiff out of the cell *4 so that Plaintiff could write a statement providing that "she had caused the injuries to her face herself." (Id. at ¶¶ 38-41). When Plaintiff finished writing the statement, Simmons handcuffed her and put her in a cell. Plaintiff was detained for approximately one hour and was released with a desk appearance ticket that required her to appear in court the following month. (Id. at ¶¶ 43-45). At the court appearance, Plaintiff "was told the charge would be adjudicated in six months if she did not get re-arrested." (Id. at ¶ 49). 5 In August 2016, Plaintiff visited the New York City Criminal Court in Manhattan and requested a certificate of disposition related to the 2010 desk appearance ticket. The court clerk informed Plaintiff that the "desk appearance ticket had never been adjudicated and still remained open after almost six years." (FAC ¶ 59). Plaintiff alleges that, finally, on September 9, 2016, "the proceedings commenced by Simmons terminated in [Plaintiff's] favor with a certificate of dismissal issued by the [Manhattan District Attorney's Office]." (Id. at ¶ 61).3 *5 3 Plaintiff does not explain the basis of the criminal court's dismissal of the charge or charges against her. Plaintiff then pivots to allege facts concerning another allegedly unlawful arrest and detention. She asserts that a stranger assaulted her on July 2, 2015, and that when she went to the NYPD's 2